Page images


Subpart 6-1.1 Introduction Subpart 6-1.1- Introduction

86-1.101 Scope of subpart. Sec. 6-1.101 Scope of subpart.

This subpart describes the Depart6–1.102 Purpose.

ment of State Procurement Regulations 6-1.103 Authority.

in terms of establishment, relationship 6-1.104 Applicability.

to the Federal Procurement Regulations 6-1.105 Exclusions.

(FPR), arrangement, applicability, and 6-1.106 Issuance.

deviation procedure. Procurement pro6–1.107 Arrangement. 6-1.107-1 General plan.

cedures are integrated with the regula6–1.107–2 Numbering.

tions so as to provide a complete, logical 6-1.107-3 Citation.

and comprehensive publication. 6-1.108 Relationship of the DOSPR, FPR,

$ 6-1.102 Purpose. and IAPR. 6-1.109 Control of deviations.

This subpart establishes the Depart

ment of State Procurement Regulations Subpart 6-1.2-Definition of Terms

(DOSPR) as Chapter 6 of the Federal 6-1.201 Definitions.

Procurement Regulations System. 6–1.250 Government. 6–1.251 Department.

§ 6–1.103 Authority. 6–1.252 Post. 6–1.253 Local procurement.

The DOSPR are prescribed by the 6-1.254 Third country procurement. Secretary of State pursuant to the Act 6–1.255 Central supply post.

of May 26, 1949 (63 Stat. 111), as amend6–1.256 Constituent supply post.

ed, and the Federal Property and Ad6-1.257 Supplies.

ministrative Services Act of 1949 (63 6-1.258 Services.

Stat. 377), as amended.
Subpart 6–1.3—General Policies

$6–1.104 Applicability.
6-1.302 Procurement sources.
6–1.302-1 General.

(a) The DOSPR and the FPR apply 6–1.302–3 Procurement from employees of to all procurement of personal property the Government.

and nonpersonal services (including con6–1.350 Procurement by Posts within the struction) by the Department of State United States.

both within and outside the United 6–1.351 Numbering contracts.

States except for those operations which 6–1.351-1 Policy. 6–1.351-2 Contract register.

have exemption from the Federal Prop6-1.351–3 Numbering.

erty and Administrative Services Act of 6-1.351-4 Contract file.

1949, as amended. 6-1.352 Distribution of numbered con- (b) The DOSPR and FPR do not aptracts.

ply to the acquisition or leasing of real 6-1.352-1 Definition.

property. 6–1.352-2 Distribution.

(c) The FPR has been edited for use 6-1.353 English language translations.

by the Foreign Service. Those portions 6-1.354 Procurement from employees of

which are not applicable to procurethe Government.

ment outside the United States have been Subpart 6-1.6-Debarred and Ineligible Bidders removed except that the contents pages 6–1.601 Purpose.

are complete for reference purposes. 6–1.602 Department of State procedure for (29 F.R. 12070, Aug. 25, 1964, as amended at administrative debarment.

31 F.R. 10193, July 28, 1966) Subpart 6–1.8–Labor Surplus Area Concerns 86-1.105 Exclusions. 6–1.800 Scope of subpart.

Certain Department of State policies Subpart 6-1.9-Reporting Possible Antitrust

and procedures which come within the Violations

scope of this chapter nevertheless may

be excluded from the DOSPR. These 6-1.901 General.

exclusions include the following cateAUTHORITY: The provisions of this part gories: 6-1 issued under 63 Stat. 111, 377, as

(a) Subject matter which bears a amended; 5 U.S.C. 1510, 41 U.S.C. 201 note.

security classification. SOURCE: The provisions of this Part 6-1 (b) Policy or procedure which is exappear in Dept. Reg. 108.497, 28 F.R. 7779, pected to be effective for a period of less July 31, 1963, unless otherwise noted.

than six months.

(c) Policy or procedure which is being 86-1.108 Relationship of the DOSPR, instituted on an experimental basis for FPR, and IAPR. a reasonable period.

(a) The regulations in the DOSPR (Redesignated, 31 F.R. 10193, July 28, 1966]

implement, supplement, and in some in§ 6-1.106 Issuance.

stances deviate from the FPR. ImpleRegulations contained in the DOSPR

menting material is that which expands deemed necessary for business concerns,

upon or indicates the manner of comand others properly interested, to under

pliance with related FPR material. Destand basic and significant Department

viating material is defined in § 1-1.009. of State procurement policies are pub

Supplementing material is that for lished in the Code of Federal Regulations

which there is no counterpart in the (CFR) as Chapter 6 of Title 41, Public

FPR. Contracts, and are published in issues of

(b) The FPR as edited for the Forthe FEDERAL REGISTER and in separate

eign Service and the DOSPR have been loose-leaf volume form.

adopted in general for use by the U.S.

Information Service. They are to be (Redesignated, 31 F.R. 10193, July 28, 1966)

used with the U.S. Information Agency 86-1.107 Arrangement.

Regulations (IAPR) which implement, [Redesignated, 31 F.R. 10193, July 28, 1966) supplement and deviate from the FPR$ 6–1.107–1 General plan.

DOSPR. Chapter 19A of IAPR applies

only to overseas procurement of USIA. The DOSPR conform with the style

[31 F.R. 10193, July 28, 1966) and arrangement of the FPR. [Redesignated, 31 F.R. 10193, July 28, 1966) $ 6–1.107–2 Numbering.

$ 6–1.109 Control of deviations. Material in the DOSPR which implements or deviates from related material

In the interest of establishing and in the FPR is captioned and numbered

maintaining uniformity to the greatest to correspond with such material in the

extent feasible, deviations from the FPR FPR, except that while the first digit of

System shall be kept to a minimum and the FPR number is 1, the first digit of

controlled as follows: the DOSPR number is 6. Material in

(a) Requests for deviations from the the DOSPR which supplements the FPR

FPR and from the DOSPR, in individual will be assigned numbers 50 or above at

cases and in classes of cases, shall be the part, subpart, section, or subsection

submitted by memorandum. A stateat which there is no counterpart ma.

ment setting forth the nature of the terial in the FPR. For an example, see

deviation and the reasons for the special section 6–1.350. Where material in the

action sought shall be included with the FPR requires no implementation or devi

request, and a copy thereof shall be ination there is no corresponding number

cluded in the contract file. in the DOSPR. Thus, there are gaps in

(b) Deviations from the FPR and the the DOSPR sequence of numbers where

DOSPR in individual cases, and from the the FPR as written are applicable to

DOSPR, in classes of cases, may be auDepartment of State procurement.

thorized by the Chief, Supply and Trans(Redesignated, 31 F.R. 10193, July 28, 1966)

portation Services Division or his desig

nee, or, in foreign buildings procure$ 6–1.107–3 Citation.

ment operations, by the Director, Office The DOSPR will be cited in the same

of Foreign Buildings or his designee. manner as the FPR are cited. Thus, this

(c) Deviations from the FPR in classes section, when referred to in divisions of

of cases will be considered jointly by the the FPR System, should be cited as "sec

Department of State and the General tion 6–1.108–3 of this chapter.” When Services Administration (GSA) unless this section is referred to formally in circumstances preclude such effort. In official documents, such as legal briefs, such case, the Chief, Division of Supply it should be cited as “41 CFR 6–1.108–3." and Transportation Services or the DiAny section of the DOSPR may be in- rector, Office of Foreign Buildings, as formally identified, for purposes of brey- appropriate, will approve such class deity, as "DOSPR” followed by the section viations as he determines necessary and number, such as “DOSPR 6–1.108–3.” will notify GSA of such action. (Redesignated, 31 F.R. 10193, July 28, 1966) (31 F.R. 6622, May 4, 1966]

Subpart 6-1.2-Definition of Terms $ 6–1.201 Definitions.

For the purpose of this chapter, and unless otherwise indicated, the following terms have the meanings set forth in this subpart. 8 6–1.250 Government.

“Government” means the Government of the United States of America unless specifically stated otherwise. § 6–1.251 Department.

“Department” means the Department of State, including all of its activities, wherever located. § 6–1.252 Post.

Post” means a diplomatic or consular post of the United States of America. $ 6–1.253 Local procurement.

"Local procurement” means procurement by a post in the country in which the post is located. § 6–1.254 Third country procurement.

“Third country procurement” means, procurement by a post in a country other than the country in which the post is located and other than the United States. 8 6–1.255 Central supply post.

“Central supply post” means a post designated to:

(a) Assist and supervise constituent supply posts in the acquisition of personal property and nonpersonal services, and/or

(b) Accomplish its own acquisition of personal property and nonpersonal services without supervision in connection therewith from another post. $ 6–1.256 Constituent supply post.

“Constituent supply post” means any post other than a central supply post. $ 6-1.257 Supplies.

“Supplies” means personal property, including equipment. § 6–1.258 Services.

"Services” means nonpersonal services.

Subpart 6–1.3—General Policies

$ 6–1.350 Procurement by Posts within $ 6–1.302 Procurement sources.

the United States.

(a) Posts are authorized to make di§ 6–1.302–1 General.

rect procurement from both commercial (a) Use of the Federal Prison Indus- and governmental sources within the tries as a source of supply is not re

United States. Procurement from conquired in connection with supplies which tracts of Government agencies (such as are both procured and used outside the Federal Supply Schedules and Supply United States. In addition, pursuant to Schedules of the Department of State) Federal Prison Industries clearance may be made without dollar limitation number C-99360 use of the Federal Pris, except for any maximum order limitation on Industries as source of supply is

which may be included in the contract or not required in connection with supplies schedule. Purchases may be made direct which are procured inside the United

from commercial sources within the States by posts for use outside the United

United States when the aggregate States where the aggregate amount in

amount of a single transaction (includvolved in a transaction does not exceed ing cost of item, packing, freight and $2,500. Use of the other sources of supply

related costs) does not exceed $2,500. referred to in § 1-1.302–1(a) is not re

(b) Procurements under paragraph quired in connection with supplies which

(a) of this section are subject to the limiare procured either inside or outside the tations of Part 6–5–Special and Directed United States for use outside the United Sources of Supply, of this chapter. States.

(30 F.R. 7247, May 29, 1965) (b) Notwithstanding $ 6–1.302–1(a), in

$ 6–1.351 Numbering contracts. obtaining supplies or services to be

(30 F.R. 7247, May 29, 1965) used outside the United States the sources of supply listed in g 1-1.302–1(a) shall be used wherever, in the judgment of the procurement officer, requirements 8 6–1.351-1 Policy. can be met satisfactorily on a timely basis by using such sources and the use

Expenditure and sales contracts reof these sources is prudent and otherwise quired to be numbered are: in the national interest.

(a) Formally advertised contracts. (29 F.R. 12070, Aug. 25, 1964)

(b) Negotiated contracts in excess of

$2,500. 86–1.302–3 Procurement from employ. (c) Construction contracts. ees of the Government.

(d) All other contracts involving more No procurement of supplies, equip- than one payment or collection regardment or services may be made from any less of amount. employee of the Government through (30 F.R. 7247, May 29, 1965) contract, purchase order or any other method of procurement, except where a service or product is not otherwise obtainable and such a determination is $ 6–1.351-2 Contract register. made in writing by the principal officer Registers of numbered contracts will or the Chief, Supply and Transportation be established and maintained by conServices Division and retained as a part tract number, contractor, commodity and of the procurement file.

period of time on a continuing basis. (31 F.R. 6623, May 4, 1966)

(30 F.R. 7247, May 29, 1965)

66–090 0-67-2


§ 6-1.351–3 Numbering.

(e) Reopening of post. If a post is (a) Post series. The post series shall

closed and subsequently reopened, the contain all written contracts except those

same contract symbol shall be used and contracts described in paragraphs (b)

the contract number shall start with the and (d) of this section. The post series

next consecutive number following the shall be numbered in the following man

last number used before the post was

closed. (1) The capital letter S, signifying the

(f) Amendments. Contract changes Department of State;

and modifications will be assigned the (2) The contract symbol number of

same number as the related contract the post making the procurement;

followed by the words “Amendment No. ------” with the amendments num

bered consecutively beginning with num(3) The small letters fa preceded by a

ber “1” for each contract. dash, signifying foreign administration;

[30 F.R. 7247, May 29, 1965) and

(4) A number preceded by a dash to be § 6–1.351-4 Contract file. assigned to each contract in the post Upon execution of a numbered conseries.

tract, a contract file shall be established (5) When contracting for another which shall contain a copy of the signed post, the post making the contract shall contract together with all supporting use their own symbol and series number documents, a copy of each rejected bid plus the name of the post for whom pro- or proposal together with all supporting curement is made. For example, the documents, an abstract of bids showing third contract in the post series for Accra items accepted or rejected and the reawould be numbered S 424-fa-3.

sons therefor and any other documents (b) FBO series. The FBO series shall pertinent to the award and administracontain all post issued written contracts tion of the contract. utilizing Office of Foreign Buildings (30 F.R. 7247, May 29, 1965] funds including real estate leases utilizing Foreign Buildings funds or other § 6–1.352 Distribution of numbered funds. Contracts in the FBO series shall

contracts. be numbered in the same manner as for

(a) Post series. The signed original the post series except that the letters

together with the original SF-1036 shall “FBO” shall be used in lieu of the letters

be forwarded to the Department with “fa”. For example, the third contract

an operations memorandum, Subject: in the FBO series for Accra would be

Finance. A signed copy of the contract numbered S424-FBO-3.

with related SF-1036 shall be placed in

the contract file ($ 6–1.351-4) and, if (c) Department's Washington series.

feasible, a signed copy furnished the The Department's Washington series

contractor. shall contain all written contracts for

(b) FBO series. The signed original procurement awarded by the Department from an office located within the and the SF-1036 shall be forwarded to

and one signed copy of both the contract United States except those contracts

the Department with an operations prepared for another agency under para

memorandum, Subject: Buildings. The graph (d) of this section. The contract

memorandum shall specify the appronumber shall consist of the letters “SCC”

priation against which the contract will followed by a dash and the number as

be paid and shall refer to the Departsigned to the contract from the Washing

mental authority, if any, under which the ton series. For example, the third con

contract was consummated. A signed tract in the Department's Washington

copy of the contract with a SF-1036 shall series would be numbered SCC-3.

be placed in the contract file and, if fea

sible, signed copy furnished the con(d) Contracts for other Federal agen- tractor. cies. Contracts prepared

for other (c) Where the law of a foreign counFederal agencies may be numbered in try requires that the original of a conthe post series for, if requested by the tract be retained in the country, a signed agency being served, in accordance with copy shall be forwarded to the Departtheir request.

ment in lieu of the original.

« PreviousContinue »